Government Files Plea Against Single Judge Order on Nirapara

KOCHI: The State Government has filed an appeal challenging the single judge’s order which set aside a prohibition order issued by the Commissioner of Food Safety banning sale of Nirapara products.
The government also sought to set aside the observation that “a substandard product can also be sold provided the consumer must know what the contents are”.’’
This finding would jeopardise the objective of the FSS Act as it is opposed to maintenance of uniform standards of the food products and would violate the provisions of FSS Regulations 2011 and hence the observation has to be set aside,’’ it was stated in the petition.
Terming Nirapara a habitual offender manufacturing and supplying adulterated/sub standard food products in the market, the government submitted that Single Judge should not have exercised its discretionary jurisdiction under Article 226 of the Constitution of India in favour of such a company.
‘’’Powers are conferred on the Food Safety Commissioner to issue such orders necessary for the implementation of the provisions of the Food Safety and Standards Act (FSSA) including matters related to public health as well as consumer interest. The Act prohibits manufacture, storage, sale or distribution of any article of food which is misbranded or substandard or containing extraneous matter. It clearly indicates that extraneous matters (including foreign starch) must be absent in chili powder, coriander powder and turmeric powder. It specifically prohibits sale of turmeric containing any extraneous matter. Despite all these provisions in Act, the learned Single Judge held that there is no prohibition for the sale of substandard food article’’ the government submitted.
“Since the prohibition order has been passed when the remedial and preventive measures provided in the Act has become ineffective in curbing the continuous violation and also to give effect to the mandate of the Act, the single judge ought to have considered whether such an order was necessary to give effect to the provisions of FSSA.
Perpetual violation of the provisions of the Act is explicit and hence setting aside the order without consideration of the functions and duties of the commissioner is improper and hence the judgement is bad in law,” the government submitted.